Elizabeth Scripturient (the delinquent, ecumenical (hermionesviolin) wrote,
Elizabeth Scripturient (the delinquent, ecumenical
hermionesviolin

Schmap Belfast Guide?

I just got a Flickr Mail from editor[AT]schmap.com
I am writing to let you know that one of your photos has been short-listed for inclusion in the fourth edition of our Schmap Belfast Guide, to be published late December 2007.

[...]

While we offer no payment for publication, many photographers are pleased to submit their photos, as Schmap Guides give their work recognition and wide exposure, and are free of charge to readers. Photos are published at a maximum width of 150 pixels, are clearly attributed, and link to high-resolution originals at Flickr.
Do we think this is for real? I don't see that I'm hurt by giving them permission (and don't anticipate mine being a final choice for inclusion anyhow) but I thought I'd put it out there.

Their TOS are as follows:
TERMS OF SUBMISSION

THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND SCHMAP, INC. (“SCHMAP”). BY CLICKING THE “SUBMIT” BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.

1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to Schmap pursuant to the Terms.

2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant Schmap a worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of Schmap's destination/local guides.

3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:

(a) Schmap may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.

(b) Schmap shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by Schmap.

(c) Schmap shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.

(d) Schmap shall not sublicense the Photos.

(e) Schmap shall indicate to the public that You reserve all rights with respect to use of the Photos.

(f) Schmap shall continue to make its destination/local guides available at no cost to end users.

5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by Schmap will not infringe or violate the rights of any third parties.

6. NO OBLIGATION
Schmap shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to Schmap hereunder.

7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, Schmap claims no affiliation or partnership with Flickr.

8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and Schmap.
Tags: poking the interbrain
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